April 7, 2005
Frank Mitchell v. State of Florida
Case Number(s):
SC03-1210

Transcript:

Summary:

While Mitchell was incarcerated for a nonsexual offense, the state filed a petition to civilly commit him as a sexually violent predator under the Jimmy Ryce Act based on a prior sexual battery offense in 1983. The trial court denied the request, but the court's order was subject to an automatic stay when the state appealed. The question posed by this case is whether it is proper to continue the commitment pursuant to the automatic stay during the appeals process.